Possession of nitrous oxide is now illegal – Home Office
‘Possession of “laughing gas” is now illegal with repeat serious users facing up to 2 years in prison and dealers up to 14 years.’
Home Office, 8th November 2023
Source: www.gov.uk
Five men sentenced for bribery and corruption that resulted in a loss of over £400,000 – Crown Prosecution Service
‘Five men have been sentenced today (9 November 2023) over waste disposal contracts that resulted in losses of around £417,000 to Cardiff City Council.’
Crown Prosecution Service, 9th November 2023
Source: www.cps.gov.uk
Remand decision-making: Justice report reveals disparities in outcome for non-white defendants – Law Society’s Gazette
‘Magistrates are regularly not following the law when jailing people awaiting trial, according to a report being published by legal thinktank Justice today.’
Law Society's Gazette, 9th November 2023
Source: www.lawgazette.co.uk
SRA appeals ‘astonishing’ £5,000 tribunal costs order – Law Society’s Gazette
‘A Solicitors Disciplinary Tribunal costs order of £5,000 was appealed today in the first such challenge by the Solicitors Regulation Authority. Describing the order as ‘astonishing’, the SRA said the correct figure should have been £18,500.’
Law Society's Gazette, 9th November 2023
Source: www.lawgazette.co.uk
Drug gang jailed over £1.5m Skegness cocaine supply racket – BBC News
‘Members of a drug gang which “infested” a seaside resort with up to £1.5m worth of cocaine have been jailed.
Eleven men and one woman were involved in moving up to 15kg (33lbs) of the class A drug into Skegness from Leicestershire.’
BBC News, 9th November 2023
Source: www.bbc.co.uk
Critically-ill baby’s parents take end-of-life care fight to appeal court – The Independent
‘The parents of a critically ill baby who has been at the centre of a life-support fight are preparing to mount an appeal after failing to persuade a High Court judge to let the little girl receive end-of-life care at home.’
The Independent, 10th November 2023
Source: www.independent.co.uk
Woman found guilty of murdering toddler she was adopting decade ago – The Independent
‘A woman has been found guilty of murdering a one-year-old child she was in the process of adopting.’
The Independent, 9th November 2023
Source: www.independent.co.uk
Man who posed as model agent to sexually exploit teenage girls jailed – The Guardian
‘A man who posed as a modelling agent in order to target and sexually exploit three teenage girls has been jailed for 13-and-a-half years.’
The Guardian, 9th November 2023
Source: www.theguardian.com
UK supreme court to rule on legality of plan to send asylum seekers to Rwanda – The Guardian
‘Rishi Sunak’s government will discover next Wednesday whether its flagship immigration policy of sending asylum seekers to Rwanda is lawful.’
The Guardian, 9th November 2023
Source: www.theguardian.com
AstraZeneca faces legal challenge over Covid vaccine – BBC News
‘AstraZeneca is facing legal action over its Covid vaccine, by a man who suffered severe brain injury after having the jab in April 2021.’
BBC News, 9th November 2023
Source: www.bbc.co.uk
King v Dubrey: Keeping donatio mortis causa ‘within its proper bounds’ – Pallant Chambers
‘The doctrine of donatio mortis causa has been placed within new parameters by the Court of Appeal in King v Dubrey. The doctrine is one of a handful that allow a testator to sidestep their will and the statutory safeguards of the Wills Act 1837 and the Law of Property 1925. As such, it comes with it the risk of attracting “unscrupulous treasure hunters” making fraudulent claims. The Court of Appeal, alert to this risk, sought to revert the doctrine’s expansion over the 19th and 20th centuries and place it within its “proper bounds”. This article seeks to analyse these proper bounds and to aid practitioners navigate the doctrine post-King.’
Pallant Chambers, 13th October 2023
Source: www.pallantchambers.co.uk
Employment Tribunals are not a costs-free zone – Littleton Chambers
‘A frequent refrain of solicitors who represent respondents in Employment Tribunal proceedings is that it is virtually impossible to obtain a costs order against a claimant who has brought an unmeritorious claim, or that there are no consequences when outlandish allegations are made in pursuit of a claim. The case of Cairns v The Wellness Zone Case No: 2414495/2021 provides a salutary reminder to parties engaged in Employment Tribunal proceedings that, in an appropriate case, the Tribunal will exercise its costs jurisdiction, and not merely in a token way. The case also serves as a cautionary tale for claimants making serious allegations in pursuit of their claims.’
Littleton Chambers, 24th October 2023
Source: littletonchambers.com
My heart breaks – solitary confinement in hospital has no therapeutic benefit for people with a learning disability and autistic people – Mental Capacity Law and Policy
‘Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme for people with a learning disability and autistic people in inpatient settings. In fact the final report was completed in July 2023, but was not published until 8 November 2023, alongside the Government’s responses.’
Mental Capacity Law and Policy, 9th November 2023
Alerter by George Mallet & William Moody – Supreme Court Judgment on unfair relationships and PPI claims: Smith v RBS [2023] UKSC 34 – Henderson Chambers
‘The Supreme Court has given judgment in Smith and Burrell v Royal Bank of Scotland Plc [2023] UKSC 34, overturning the Court of Appeal and disagreeing with the bank’s limitation argument.’
Henderson Chambers, 5th October 2023
Source: www.hendersonchambers.co.uk
Court of Appeal allows appeal by father over interim care order – Local Government Lawyer
‘The Court of Appeal has allowed a father’s appeal against interim care orders made in respect of his three children.’
Local Government Lawyer, 8th November 2023
Source: www.localgovernmentlawyer.co.uk
The extension of fixed costs – two steps forward and five steps back – Exchange Chambers
‘There are very few people in this world who get excited when they hear the phrase ‘legal costs’. There are even fewer people who might be prepared to wade through an article on the same subject. However, something very significant is happening which will have a huge bearing on anyone who is involved, or might be involved, in any kind of civil litigation. The article below discusses the changes which are being made to fixed costs in civil litigation and I promise it is worth a read.’
Exchange Chambers, 13th October 2023
Source: www.exchangechambers.co.uk
SP v DM [2023] EWHC 2089 (Fam): Important ruling on giving evidence in Family Court proceedings – Pallant Chambers
‘Eve Anstey for Respondent Father – Giving evidence at a fact-finding hearing is, at the best of times, a stressful and emotional experience. Add to that a pregnancy in its third trimester and an important issue on principle is raised about the parameters of the court’s duty to ensure that a trial is conducted fairly whilst ensuring that the mother’s vulnerability is properly protected. In SP v DM, Sir Jonathan Cohen considered that very issue and the Appellant mother’s arguments which significantly attacked the court for purported procedural irregularity in the way that it conducted the fact-finding hearing in respect of mother’s evidence in light of her pregnancy. The appeal was dismissed on all grounds.’
Pallant Chambers, 14th October 2023
Source: www.pallantchambers.co.uk
Kate Ollerenshaw: Impact Assessment as an Accountability Mechanism: Past, Present and Future – UK Constitutional Law Association
‘On 19th September, the Government published a revised version of the Better Regulation Framework Manual setting out its new approach to impact assessment for regulatory measures. The system it will replace was aligned with the Government’s formal mechanisms to incentivise a reduction in the burden of regulation on business and civil society, but the repeal of the statutory Business Impact Target (BIT) by s. 18 of the Retained EU Law (Revocation and Reform) Act 2023 and the Government’s commitment to ‘Smarter Regulation to Grow the Economy’ in the post-Brexit world prompted revisions. At first sight the proposals, including the creation of a new ‘options assessment’, seem to address some criticisms of the previous system. As always though, ‘the devil is in the detail’ and ‘the proof of the pudding will be in its eating’. This post looks at the proposed changes in the light of past practice to highlight areas where the effectiveness of impact assessment as an accountability mechanism might remain compromised. For reasons of space, this post focuses on impact assessment as a prospective tool rather than its role in post-implementation review.’
UK Constitutional Law Association, 9th November 2023
Source: ukconstitutionallaw.org
